Order 6

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 43CC NI ACT/3131/2024 DLCT020057152024
Varinder Kumar Gupta Vs. Slumber Foam India Privet Limited
19.10.2024
Present : Complainant with Ld. Counsel Sh. Rohit Manchanda.
Amended memo of parties is filed on behalf of complainant. Same
be taken on record.
Since accused Mamta Jain and Vikram Jeet are not mentioned in the
memo of parties, query is made to the counsel qua proceedings against them.
Counsel for complainant submits that the complainant does not wish
to proceed against them and they may be treated as dropped.
Pre-summoning evidence tendered by way of affidavit as CW1.
Arguments on summoning of accused heard.
Perused. From the perusal of complaint, affidavit in evidence and
documents filed on record, sufficient grounds are made out against the accused
to proceed u/s 138 Negotiable Instruments Act. Cognizance of offence u/s 138 NI
Act against accused, is taken u/s 142 NI Act. Accordingly, issue summons to the
accused no. 1 company Slumber Foam India Privet Limited and accused
no. 2 Rishabh Gupta (being signatory of the cheque) on filing of PF/RC
returnable for 17.01.2025 as per Section 144 NI Act.
Cognizance stands declined qua the remaining accused as
they had no role in the present transaction.
As per the guidelines laid down in the case titled as “Damodar S.
Prabhu vs. Sayed Babalal H”, AIR2010(SC)1907, Ahlmad is directed to make a
mention on the summons issued against the accused (by adding separate sheet,
if required) that “accused can make an application for compounding of the
offence at the first and second hearing of the case and if such an application is
made, compounding may be allowed by the Court without imposing any costs on
the accused”.
Process Server to make at least three sincere efforts for the purpose
of service of summons issued against the accused.
Ahlmad is directed to make the mention of the same on the top of the
process issued against the accused.
(Rupinder Singh Dhiman)
JMIC, NI Act-06, Central District, THC/ 19.10.2024
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